HomeMy WebLinkAboutPD-23-91 TOWN OF NEWCASTLE
;,r REPORT File #
DN: KINGSBERRY.GPA t
Res. #
By-Law #
P U B L I C M E E T I N G
MEETING: General Purpose and Administration Committee
DATE: Monday, January 21, 1991
REPORT #: PD-23-91 FILE #: DEV 90-076 (X-REF 18T-90035 & O.P.2 .2 .2(9) )
SUBJECT: REZONING APPLICATION - KINGSBERRY PROPERTIES
PART LOT 31, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 90-076 (X-REF 18T-90035 & O.P.2.2.2(9) )
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-23-91 be received;
2 . THAT the application to amend the Town of Newcastle Comprehensive
Zoning By-law 84-63, as amended, submitted by Kingsberry
Properties, be referred back to Staff for further processing and
the preparation of a subsequent report pending the receipt of all
outstanding comments; and
3 . THAT the interested parties listed in this report and any
delegation be advised of Council 's decision.
1. APPLICATION DETAILS
1. 1 Applicant: Kingsberry Properties
1. 2 Subdivision: Seeking approval for three (3) single family
dwelling units, twenty-two (22) two-family dwelling
units and thirty- seven (37) townhouse units for a
total of sixty-two (62) dwelling units.
1. 3 Rezoning: From in part "Holding Urban Residential Type One
( (H)R1) " , in part "Urban Residential Type One (R1) "
and in part "Environmental Protection (EP) " to an
appropriate zone or zones in order to implement the
above noted development. . . . .2
REPORT NO. PD-23-91 PAGE 2
1. 3 Neighbourhood Plan Amendment:
Seeking approval for the redesignation of a portion
of the subject lands from "Minor Open Space" to
"Residential" in order to implement the above noted
development.
1 .4 Area: 2 . 753 hectares (6 .8 acres)
2 . BACKGROUND
2 . 1 In September of 1990, the Town of Newcastle Planning and
Development Department was advised by the Region of Durham of an
application for approval of a Plan of Subdivision submitted by
Kingsberry Properties . In September of 1990, the applicant also
filed an application with the municipality to amend the Town of
Newcastle Comprehensive Zoning By-law 84-63 in order to implement
the proposed plan of subdivision.
2 .2 A Public Meeting was held in accordance with the Planning Act on
Monday, October 22, 1990 . However the applicant has since revised
the application in a significant manner in an attempt to address
some of the concerns which were raised through the circulation
process . In addition a small portion of property currently zoned
Environmental Protection (EP) was melded to the subject lands and
the original notice for the Public Meeting did not include these
lands . Furthermore, the lands zoned "Environmental Protection
(EP) " are designated as Minor Open Space in the Courtice
Neighbourhood Land Use Structure Plan. Since the applicant intends
to develop a portion of these lands with residential dwellings, the
applicant has also had to apply to amend the Neighbourhood Plan.
In view of the foregoing, and in consideration of the significant
changes to the application, Staff advised the applicant that a
second Public Meeting was warranted.
2 . 3 The subject property is a 2 . 753 hectare (6 .8 acre) parcel located
on the west side of Trull's Road, south of Highway No. 2 but is
. . . .3
REPORT NO. PD-23-91 PAGE 3
more formally described as Part Lot 31, Concession 2 in the former
Township of Darlington.
3 . PUBLIC NOTICE AND SUBMISSIONS
3 . 1 Pursuant to Council's resolution of July 26, 1982 and the
requirements of the Planning Act, the appropriate signage
acknowledging the application was installed on the subject lands.
In addition the appropriate notice was mailed to each landowner
within the prescribed distance.
3 .2 As of the writing of this report, no written submissions have been
received. However, Staff did receive one telephone inquiry from
an area resident who requested more detailed information with
respect to the proposed zoning by-law amendment.
4 . OFFICIAL PLAN CONFORMITY
4 . 1 Within the Durham Regional Official Plan, the subject property
would appear to be designated Residential. As the primary use of
lands so designated is intended to be for residential purposes, the
application would appear to conform to the Durham Regional Official
Plan.
4 .2 Within the Courtice Major Urban Area, the Town of Newcastle
Official Plan establishes a maximum of 15 units per net residential
hectare for Low Density Residential development, a maximum of 40
units per net residential hectare for Medium Density Residential
development and a maximum of 80 units per net residential hectare
for High Density Residential development. The applicant is
proposing to develop the 2 . 753 hectare (6 .8 acre) parcel at an
overall density of 39 . 36 units per net residential hectare which
falls within the medium density range as defined by the Town of
Newcastle Official Plan. The Neighbourhood Development Plan for
Courtice South does not identify specific areas for medium and high
density development in order to permit greater flexibility in
REPORT NO. PD-23-91 PAGE 4
subdivision design. Medium density residential development is
intended to be located adjacent to existing low density residential
uses and fronting on local roads or minor collectors .
4 . 3 The Town of Newcastle Official Plan also established a target
population of 4300 for the 112B" Neighbourhood. The proposed plan
of subdivision must be reviewed within the context of the target
population. Staff have estimated that the "2B" Neighbourhood has
an area of approximately 117 hectares (289 . 1 acres) that can be
developed. Therefore, given the target population of 4300, it can
be determined that the 112B" Neighbourhood can develop at
approximately 12 . 3 units per gross residential hectare in order to
maintain the target population. The proposed draft plan of
subdivision has a gross area of 2 .753 hectares (6 .8 acres) and a
total of 62 units which equates to a density of 22 .52 units per
gross residential hectare. Staff will continue to evaluate the
application within the context of the Town of Newcastle Official
Plan and the residential density policies contained therein.
5 . ZONING BY-LAW CONFORMITY
5 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, the
subject property is zoned in part "Holding - Urban Residential Type
One ( (H)R1) , in part "Urban Residential Type One (R1) " and in part
"Environmental Protection (EP) " . The current zone categories would
permit the development of a portion of the subject lands with
single and two family dwellings . As the applicant proposes to
develop street townhouses and to develop a portion of the subject
property zoned "Environmental Protection (EP) " , the applicant has
applied to amend the zoning by-law accordingly.
6 . AGENCY COMMENTS
6 . 1 The application for a proposed 62 unit plan of subdivision was
circulated to various agencies by the Durham Regional Planning
Department. Concurrently, the Town of Newcastle Planning and
Development Department undertook a circulation of the proposed
. . . .5
REPORT NO. PD-23-91 PAGE 5
zoning by-law amendment. The following provides a brief synopsis
of the agency comments received to date.
6 .2 The Central Lake Ontario Conservation Authority has advised that
the southern portion of the plan is traversed by a headwater
tributary of Robinson Creek and that most of the lands situated
south of Strathallan Drive are affected by the tributary's
floodplain. In addition, the Authority has noted that the lot
arrangement proposed by the applicant makes no provision for the
continuation of the watercourse through the site. Therefore, the
Central lake Ontario Conservation Authority has advised that they
cannot support the approval of the application.
6 . 3 The Ministry of Natural Resources has advised that the subject
property is located within the Black Creek and Robinson Creek
watersheds . In order to prevent fish habitat destruction, the
Ministry recommends that the owner prepare a preliminary stormwater
drainage and erosion control report to address concerns regarding
pre, during and post construction water quality. Therefore, the
Ministry of Natural Resources has advised that they are unable to
recommend approval of the proposed plan of subdivision at this
time.
6 . 4 The Community Services Department has advised that they have no
objection to the proposed application subject to the following
conditions . Firstly that Blocks 20 and 21 be accepted gratuitously
and secondly, that the applicant be required to provide 5 % cash-
in-lieu of parkland dedication with the funds realized credited to
the Parks Reserve Account.
6 .5 The Town of Newcastle Public Works Department has reviewed the
proposal and has no objection to its approval subject to the Town's
standard conditions . In addition, the Public Works Department has
noted that the proposed plan of subdivision will have to be red-
line revised in order to provide the municipality with a 5 . 18 metre
road widening along Trull 's Road. . . . . 6
ail
REPORT NO. PD-23-91 PAGE 6
6 . 6 The Ministry of Transportation has advised that they have no
objection to the proposed plan of subdivision, however, all new
buildings must be setback a minimum distance of 32 metres ( 105
feet) from the centerline of Highway # 2 . Staff note for the
Committee's information that the application as submitted proposes
a setback of approximately 17 metres (56 feet) from the centerline
of Highway # 2 .
6 . 7 The balance of the circulated agencies which provided comments were
the Town of Newcastle Fire Department, the Separate School Board,
Ontario Hydro and Bell Canada. None of these agencies provided
objectionable comments with respect to the subject applications .
the Public School Board, the Regional Works Department and the
Ministry of the Environment have all yet to respond to the
circulation.
7 . STAFF COMMENTS
7 . 1 As the purpose of this report is to satisfy the requirements of the
Planning Act with respect to a Public Meeting, and in consideration
of the outstanding comments, it would be in order to have the
application referred back to Staff for further processing and the
preparation of a subsequent report.
Respectfully submitted, Recommended for presentation
to the Committee
, Franklin H, M.C. I.P. Kotseff
Director of Planning Chief AL nistrative
and Development Officer
WM*FW*cc
*Attach
10 January 1991
Interested parties to be notified of Council and Committee's decision:
Kingsberry Properties Bert Dekkema
319 College Ave. , P.O. Box 11, Dekkema Gervais Development Corp.
OSHAWA, Ont. L1H 7K8 100 Allstate Parkway, Suite 501
MARKHAM, Ontario L3R 6H3
D. G. Biddle & Assoicates Ltd.
96 King Street East
OSHAWA, Ontario L1H 1B6
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